TERMS & CONDITIONS

Welcome to Babyjaya.

By using or accessing any of Babyjaya’s site, you acknowledge that you have read, understood and agreed, without limitation or qualification, to be legally bound by and abide to the Terms and Conditions of Babyjaya and the laws and regulations governing this site. If you do not accept the Terms and Conditions stated here, please do not use or access this web site and its services.
Babyjaya reserves the right to add, amend or delete the Terms and Conditions at any time without prior notice. You are recommended to review them periodically.

WARRANTY OF MECHANTABILITY
All our goods are of merchandisable condition and will serve their intended functions.

ACCURACY OF INFORMATION
Babyjaya attempts to be as accurate as possible when describing our products on the site. However, Babyjaya does not warrant that the product descriptions, colours or other contents on the site are accurate, complete, reliable, current and error-free. By using or accessing this site, you acknowledge and agree that the information and content on Babyjaya’s site is subject to change without prior notice. Babyjaya shall not be responsible for any discrepancy on the site.

PRICES
All prices displayed for the products on Babyjaya represent the retail price suggested by the manufacturer or supplier. All prices listed do not include any shipping/freight, tax, insurance or any other charges. No discounts will be given unless shown on our site or during special promotion.

Babyjaya reserves the right to make adjustment to any published price of any products due to input error, product discontinuation, and stock clearance, under the instruction of manufacturers and distributors, and errors in advertising.

TERMS OF WARRANTY
All the products on Babyjaya are supplied with the manufacturer’s standard warranty, if any. Babyjaya does not express or imply warranty.

CONFIRMATION, CANCELLATION AND RETURN OF ORDERS
An automated electronic acknowledgement will be sent to you within 24 hours upon successful submission of the electronic order. A message will be sent to you within 3 business days for further action if item ordered is unavailable.

No cancellation will be entertained once the order is confirmed and processed. Full amount paid will be refunded if the order is cancelled due to the unavailability of goods or our inability to deliver the goods within the agreed time frame. Babyjaya reserves the right to impose a cancellation charge for late notifications. Refer to our Order Information for details.

All products with exception of faulty products, once sold, are non-returnable. All returns must be notified within 3 days of receipt of your order and be sent back to us within 7 days of receipt of your order. All returns may subject to re-stocking fee. Babyjaya reserves the right to refuse a return or exchange of any item that does not meet the requirements stated in our Order Information.

PAYMENT
Payments may be made by Cash and Direct Bank Credit. Refer to our Payment for details.

RISK OF LOSS
The risk of loss and title for all items purchased at Babyjaya pass to you upon delivery.

YOUR OBLIGATIONS AND RESPONSIBILITIES
By using or accessing any of Babyjaya’s site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the site. You may not make any change or alteration to the site or any content or services that may appear on this site and may impair in any way the integrity or operation of the site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Babyjaya, partners or licensors.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You agree to provide only accurate and truthful information. Little Genius reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

SUSPENSION OR TERMINATION OF USE
Babyjaya reserves the right to suspend or terminate your account without notice if you have provided us with false or misleading information or if you violate any conditions stated in these Terms and Conditions. Babyjaya shall retain the sole right to determine cases of suspected violation of these rules and any decision made in relation to the suspension or termination of your account shall be final and binding.

ELECTRONIC COMMUNICATIONS
When you visit Babyjaya or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically in the form of either e-mails or notices posted on the site. You acknowledge and agree that the service provided is of such a nature that can be interrupted for many reasons and that the company shall not be liable for any damages arising from such causes beyond their direct and exclusive control. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

COPYRIGHT
All content and compilation of all content included on this site, such as text, graphics, images, logos, button icons, images, digital downloads, data compilations and software, is the property of the Babyjaya or its content suppliers or its software suppliers and is protected by Malaysia and International copyright laws.
Babyjaya respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, e-mail us with your complaint.

TRADEMARKS
The company's trademarks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or any manner that disparage, damage or discredits the company. All other trademarks not owned by the company that appear on this site are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by the company.

SYSTEM AND NETWORK SECURITY
If you violate, disrupt or damage or attempt to do such acts on the security of our network it may result in legal proceedings against you. These will include, without limitations, accessing data not intended for you or logging into a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network including without limitation via means of overloading, 'flooding', 'mail bombing' or 'crashing', taking fraudulent actions to obtain services to which you are not entitled.

THIRD PARTY LINKS
Babyjaya is not responsible for the content of any off-web site pages or any other web sites linked to or from the site. Links appearing on the site are for convenience only and are not an endorsement by us or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-web site pages or other web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-web site pages or any other web sites linked to or from the site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and web sites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-web site pages and other web sites that you visit.

LICENSE AND SITE ACCESS
You are granted a limited license to access and make personal use of this site and not to download or modify it or any portion of it, except with the written consent of Babyjaya. The license granted does not include :-

Any resale or commercial use of this site or its contents;

Any collection and use of any product listings, descriptions, or prices;

Any derivative use of this site or its contents;

Any downloading or copying of account information for the benefit of another; or

Any use for data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Babyjaya. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page, layout or form) of Babyjaya without express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Babyjaya so long as the link does not portray the company and/or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Babyjaya logo or other proprietary graphic or trademark as part of the link without express written permission. Any unauthorized use terminates the permission or license granted by Babyjaya

REVIEW, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may submit comments, suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, sexually explicit, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Babyjaya reserves the right (but not the obligation) to remove or edit such content, but does not review posted content regularly. Babyjaya reserve the right to suspend, terminate or pursue legal remedies for any costs associated for our investigations if you are found to be in violation.

If you do submit material, and unless we indicate otherwise, Babyjaya is granted a nonexclusive, irrevocable, royalty-free, perpetual and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Babyjaya the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate and use of the content you supply does not violate and will not cause injury to any person or entity; and that you will indemnify Babyjaya for all claims resulting from content you supply. Babyjaya has the right but not the obligation to monitor and edit or remove any activity or content. Babyjaya take no responsibility and assume no liability for any content submitted by you or any third party.

INDEMNIFICATION
By using or accessing Babyjaya, you agree to defend, indemnify and hold harmless Babyjaya, its partners and staffs from and against all claims and expense, including indemnification of legal costs on a full indemnity basis arising from your usage of this site.

APPLICABLE LAW
By visiting Babyjaya, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Babyjaya.

DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ITS CONTENTS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BABYJAYA DISCLAIMS EXPRESSLY ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING , BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A GENERAL OR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND AUTHENTICITY OF ANY MATERIAL OR CLAIM, AND TO ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OR TRADE.

BABYJAYA DOES NOT MAKE ANY WARRANTTY THAT THIS SITE, ITS SERVERS OR E-MAILS SENT FROM BABYJAYA ARE FREE FROM INFECTION BY VIRUSES OR ANY OTHER HARMFUL COMPONENTS. BABYJAYA DOES NOT WARRANT THAT THE SITE OR ITS SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, COMPLETE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. BABYJAYA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE OF THE PRODUCTS PAID BY YOU TO BABYJAYA.

BABYJAYA MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY , OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR GIVEN BY BABYJAYA OR ITS STAFFS OR THROUGH THE WEB SITE SHALL BE USED AS A WARRANTY NOR SHALL THE CUSTOMER RELY SOLELY ON ANY SUCH INFORMATION OR ADVICE.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

Babyjaya reserves the right to make changes to our site, policies and the terms and conditions at any time with prior notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BABYJAYA BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM :

THE USE OF, OR THE INABILITY TO USE, THE WEB SITE;

THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE;

THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES;

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR

ANY OTHER MATTER RELATING TO THE WEB SITE.

THESE LIMITATIONS WILL APPLY WHETHER OR NOT BABYJAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.